Reversing the Burden of Proof
In the recent case of R v Webster  EWCA Crim 2819 the Court of Appeal allowed an appeal against conviction under the Prevention of Corruption Act 1916, s 2 which created a reversal of the legal burden of proof. Mark George QC of GCN was interviewed for LexisNexis Current Awareness (published 9/12/10) to provide analysis of this judgment.
Extracts from the article as follows:
" Mark George QC says some may consider the impact of the Human Rights Act 1998 has been less pronounced in criminal law and practice than it has been in other areas of UK law. âHowever,â he says, âone area in which the influence of the Human Rights Act 1998 and Strasbourg jurisprudence cannot be denied is in relation to reverse burdens of proof. This case makes it clear reverse burdens have largely had their day and in many cases will be unjustifiable. Mr Webster appealed on the ground that this [conviction] breached his right to a fair trial under Article 6 because it violated the presumption of innocence guaranteed by Article 6 (2)."